Why can't it be resolved now by a House subpoena for these documents?
I am fairly certain that no other state can resolve this issue. Why do you think that federal courts will not compel every state to recognize (full faith and credit) as legitimate whatever public documents the State of Hawaii claims are determinative?
So, focus on this: Why can't Speaker Boehner or Congressman Issa just subpoena these materials?
I don’t think there’s anything that would prohibit the US House from investigating. It would be nice if they would. But Issa has already said he’s not going to, so we need another route. We have nothing to hold over Issa’s head; he’s got a full plate already; and the media-political cabal in DC makes it a bad place to try to get courageous, sensible action. Sort of like trying to get Chicago politicians to go hard on the mafia. Not gonna happen.
And the state route is the way to fix not just the Obama instance but the actual SYSTEM, which is a much-needed long-term solution. Congress can’t decide how the states can choose their electors, nor can it interpret the Constitution or force the courts take a particular case that requires a definition of “natural born citizen”. So the states are the ideal place for this to happen.
Politically speaking, the good guys in Congress need to focus on undoing the damage Obama has already wrought. That’s what we ALL elected them to do, and they are the ones who can do that. The reasons some people give for opposing the eligibility issue is that it is distracting Congress from “more important things”. If the battle over eligibility takes place in state legislatures it’s not threatening to those who sympathize with the issue but don’t think it should be a priority for Congress.
The bill I’ve suggested would require all the evidence, including any evidence of tampering or forgery, to be publicly disclosed and submitted to the courts who have to apply evidentiary standards, etc. There is legal accountability for judicial ethics breaches. That’s more accountability than we’ll ever get for Congress or its investigations.
About the other part: The State of Hawaii never says that forged or manipulated documents are determinative. It has its own laws and rules and only records which comply with those laws and rules are considered probative. And the HDOH has indirectly confirmed that Obama’s BC was amended in 2006 which makes it NOT legally probative/valid. So if only genuine, legally-valid BC’s have to be given full faith and credit by other states, a forgery or non-probative BC such as the HDOH says Obama has would not have to be probative in another state either.
There was a county in New Jersey (?) where the person in charge of the county’s vital records was paid money to create false birth certificates for illegals. The birth certificates had the seals they needed and everything would have looked legitimate even though the claims were totally false and the bureaucrat knew it all along. The federal government 5 years later was still not accepting ANY birth certificates from that county as determinative.
If another state got birth certificates from that county they would have to give full faith and credit to the birth certificate being officially from that office. But that doesn’t mean that another state could not require more proof of the facts claimed on the BC, or more proof that the official BC was not tampered with.
So nothing in the Constitution says that another state can’t ask for transaction logs which would let them know if a BC was in compliance with the originating state’s requirements for legally valid BC’s. If the transaction logs revealed that BC was only created when the person was 20 years old, for instance, then it would bring up the question of why it was not marked as “late”, if that was required by state law.
If the BC is in compliance with state laws it is supposed to be given full faith and credit by other states, but another state has the right to ask for documents which show whether the BC shows any signs of forgery or tampering.
They can of course, but they won't. The question you should as is why not?